Archived
Do I need to probate estate if my deceased father was a beneficiary of a deed of trust that is now due?
Bert's answer
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Answered on December 27, 2013
The "receivable" secured by the deed of trust is your father's separate property. If he died intestate it would pass 2/3 to his surviving children...
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Archived
What's the point to a Will Self-Proving Affidavit?
Bert's answer
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Answered on December 19, 2013
You can probate the copy if you can establish that the original cannot be found. This has nothing to do with the "self proving" provisions of the...
I live in California and bought a rental home in Nevada. How do I put the property into my living trust?
Bert's answer
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Answered on December 17, 2013
Have a grant deed prepared from you to the trust. Best you consult a lawyer to make sure that the grantee language is sufficient.
Archived
When does an attorney have to notify heirs of a pending lawsuit? As an heir what are my rights?
Bert's answer
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Answered on December 17, 2013
It appears that there is some legal action involving the estate/trust. A lawyer representing the executor/trustee does not have to give notice of...
Archived
Once a settlement agreement is signed between siblings to administer a trust, can one go back to pick out more items to take?
Bert's answer
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Answered on December 16, 2013
You can get a court order to enforce the settlement agreement. In the interim I suggest that you stop letting her into the house.
Archived
Executor of Trust Estate hasn't finalized after repeated requests since 2007 - 2010. Fiduciary Duties Breached??
Bert's answer
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Answered on December 16, 2013
Not sure of your question. Trusts are administered by trustees. Probate estates are admininsterd by executors or administrators. If there is a...
Archived
Can a person who is not recognized as daughter, change executor of person deceased 14 years, there was no probate, or money.
Bert's answer
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Answered on December 16, 2013
If there was no will and no court order appointing you as executor - you have no authority to do anything. You say there is no estate. What is...
Archived
My uncle's trust was distributed 2 years ago; I was not the executor unclaimed funds in CA located by me what steps to take?
Bert's answer
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Answered on December 12, 2013
Your question is confusing. You mix "executor" and "Trust." Executors administer probate estates; Trustees administer trusts. I am not sure...
Archived
Should an automobile be placed in a revocable living trust to avoid probate in california?
Bert's answer
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Answered on December 10, 2013
If the car is the only asset not in the trust it can be transferred by affidavit at the DMV.
How to calculate capital gain taxes on a house in an irrevocable trust.
Bert's answer
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Answered on December 09, 2013
The transfer of the house to a irrevocable trust is a gift and the basis in the hands of the trust is the same as it was in the hands of the...
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